Terms & Conditions

1. Definitions

‘Services’ – This includes, but is not limited to all the money remittance services we offer at all times. ‘Fee/Charges’ – This includes, but is not limited to our service charge for Transactions, bank charges, delivery charges, payment gateway charges, cancellation & refund charges, administration charges. ‘Transaction’ – This is the execution of the instructions provided by the Remitter, by any electronic means, for the Services.

2. Preamble

This Agreement is between the Remitter (hereinafter referred to as ‘Remitter’, ‘You’, ‘Your’) and Barakah Money transfer Ltd, trading as Barakah Money Transfer (hereinafter referred to as ‘Barakah money transfer, ‘Our’, ‘Us’, ‘We’) of 131 Whitechapel Road, London E1 1DT . Barakah Money transfer Ltd, trading as Barakah Money Transfer (Company Registration No. 07905661) and regulated by the Financial Conduct Authority. FCA Registration Number 672534.

Our agreement with you is that we will take care to provide Money Transfer Services. The Services provided by us may change from time to time. In such events these Terms & Conditions will relate to all the Services provided by Us.

The Terms & Conditions set out herein apply to all Transactions executed by Barakah Money transfer Ltd, trading as Barakah Money Transfer through its online or Agent service. These Terms & Conditions may be amended from time to time without prior notification.

By using Barakah Money transfer Ltd, trading as Barakah Money Transfer, You hereby confirm the following:

• You are 18 years or older, on the date of the transaction.
•  You are resident in the UK.
•  You have read and understood these terms and conditions and agree to comply with them.
• You give warranty that all the information provided by You is true and accurate in all respects.
• You will not withhold any material information from Us or seek to mislead Us.
• You will comply with all Anti-Money Laundering Regulations.
•  The Transaction you have placed through US is for genuine and bonafide purposes only and is not in contravention of any laws.
• You also agree to provide Us with any other information and to co-operate fully with Us in the event of fraud or any other investigation.

3. Execution of Transactions

We may, in Our sole discretion, refuse any Transaction or limit the amount to be transferred. The limits imposed are done at Our sole discretion and may be changed from time to time. We may also refuse to process a Transaction or We may stop a Transaction from being completed if We believe that:

1   by doing so We might break any law, regulation, code or other duty and responsibility that applies to Us;
 2   by doing so it may expose Us to action from any government or regulator;
 3   it may be linked with any fraudulent or illegal activity; or
 4   You are in breach of these Terms and Conditions.

Unless the law prevents Us, We may (at Our own discretion) inform the Remitter reasons for Our refusal and how the Remitter can rectify any errors in the instructions given.

We have no obligation to You to initiate or perform a Transaction if:

(a)   We are unable to obtain satisfactory evidence of your identity;
 (b)   We have any reason to believe that the details provided by You is incomplete, incorrect, unauthorized or forged;
 (c)   We fail to obtain cleared payment for the Transaction from You; and We do not accept any liability for damages resulting from non-payment or delay of a Transaction or failure to perform a Transaction by reason of any of these matters.

4. Exchange Rate

The exchange rate quoted by Barakah Money transfer Ltd, trading as Barakah Money Transfer through the website is an indicative rate only and is subject to change as per market fluctuations; therefore the exchange rate is updated daily at different times. Accordingly the rate which applies to the Transaction will be the current rate at the time of processing the Transaction.

5. Fees/Charges

-Fees/charges shall be charged from the Remitter for each Transaction.
 -Fees/charges may change from time to time and without advance notice.
 -Fees /charges will be visible prior to each Transaction.
 – Details of the Fees /charges can also be found on the Transaction receipt issued to You.

If You choose to use the Services, the charges will apply. Some debit card issuers may treat the transaction as a cash advance and you may be charged a fee by the issuer of the debit card. This may appear separately on your bank statement and we do not accept any liability for these charges or any interest which may be applied. You should check the application of any such charges directly with the card issuer.

6. Using Our Service

We act only as a money transmitter and accept no responsibility or liability arising from Transactions# between the sender and any third parties. (In particular, We accept no responsibility or liability for any goods or services including quality and delivery of them, which are paid for by money transfer). You are strictly cautioned in sending money to any person whom You do not know.

If You want a Transaction to be dispatched on the same day, You need to submit the details and make payments for the Transaction on or before 4pm GMT (Monday to Friday).Those that are received after the cut off time will be processed on the same day but released along with the following business day’s Transactions.

Please note: In Bangladesh, the official weekend is Friday and Saturday; Banks are closed on these 2 days and therefore if You submit a transaction on Thursday after 4pm GMT time, the bank will only be able to process on Sunday when the banks re-open the working week. Banks are also closed for Official Bangladeshi Public Holidays like Eid, Diwali, Independence Day, Bengali New Year etc.

Also take into consideration the time difference between the UK and Bangladesh (+5/6 hours). If You send a Transaction on a Thursday at 12pm , the time would be either 5pm or 6pm depending on season – therefore the bank will not be able to a process a Transaction until they re-open on the Sunday.

The Remitter should not disclose the reference number, value of transfer or other information about the transfer to any other person other than the intended Beneficiary. Barakah Money transfer Ltd, trading as Barakah Money Transfer software is able to send an SMS to the Beneficiary with the Transaction details, so please ensure the Mobile number the Remitter provides is correct. Payments can be made by Debit or Credit card and is processed by our Payment gateway partner Paysafe, or Bank transfer to our segregated Account.

All payments must be received or made from Your debit/credit card. We reserve the right to refuse a transaction if we have any reason to believe that it has come from a third party. You must be the card holder with matching billing address as when registered. Third party payment refunds can only be made after we receive and verify adequate identification documents.

7. Online Transactions

Subject to all the clauses specified herein, the following terms will apply to online transfers:

(i)   You agree to register certain additional details about yourself before carrying out any cardholder not present transactions.

We may, at Our own discretion, refuse any transaction for any of the following reasons:

(i)   We do not receive authorization from the bank card issuer;
 (ii)   We do not receive credit of your funds in Our account;
 (iii)   The account from which the money is transferred or the card being used belongs to a third party;
 (iv)   Any fraud or credit checks conducted reveal any discrepancies;
 (v)   We have reason to believe that there may be some fraudulent activity involved.

The Remitter irrevocably and unconditionally authorises Us to act upon unauthenticated instructions which appear or purport to be from the Remitter, which are received by telephone or email and/or other means of electronic communication. We are under no duty or obligation to make any enquiry into or to in any way verify instructions received from the Remitter. All debit card users on our online system will be subject to validation checks and authorisation by the card issuer. If the issuer of Your payment card refuses to authorise payment Your order will not be accepted. All card payments will be processed using 3D Secure which is a payment verification protocol. 3D Secure is branded as ‘Verified by Visa’ and ‘Master Card Secure Code’ to minimise card fraud. The PIN number will have to be set up with the issuing bank and should not be confused with the PIN issued for the card. If a pin is not requested, several questions may be asked via Visa 3D Secure. 3D Secure verifies the card details provided by You. The system is completely automated and We do not store any of the data provided by the 3D Secure system.

8. Refund/Cancellations/Amendments

If We fail to complete Your Transaction within a reasonable period as applicable in the circumstances, You will be entitled to a refund for the transfer amount of Your Transaction and Your transfer fee/charge unless We can show that the bank or the pay-out location received the money or that there was a mistake in the Beneficiary details provided to Us by You.

In no event shall We be liable for damages for delay, non-delivery, non-payment, under-payment, or without limitation any other event relating to Your transaction, whether due to the fault, error or omission by Us, for more than the principal amount of Your transaction and the transfer fee/charge.

In no circumstance shall We be responsible for any losses or damages which are not foreseeable consequences of a breach of these terms and conditions or any failure to complete Transaction and the transfer fee.

We do not accept the responsibility for any failure to perform Your instructions as a result of circumstances which could reasonably be considered to be outside our reasonable control.

You must inform Us immediately if You think that a transfer was not made properly or never arrived. We will not refund money to You if there is undue delay in informing Us about the problem and in any event if not informed within 6 months from the date of sending the money.

We will not be liable to the Remitter for any incidental, indirect, special or consequential losses or costs or damages or for business losses (such as loss to business profits or opportunities) the Remitter suffers.

The Remitter does not have the right to cancel the transfer once the Transaction is processed. Nevertheless if requested by the Remitter, We may at Our own discretion, cancel the transfer before it is paid out to the intended Beneficiary. If the Remitter wishes to cancel a money transfer and request a refund of the transfer amount, or make an amendment, the Remitter must request Us via and in writing via email along with a copy of the money transfer receipt provided to the Remitter. It is understood by the Remitter that all such cancellation or amendment requests shall be subject to the rules governing cancellations/amendments (including cancellation/ amendment charges) of the intermediary banks/financial service institution/other money service businesses that makes the pay-out to the intended Beneficiary.

The amount of refund upon cancellation will be after deducting our cancellation charges, any loss due to exchange rate difference and cancellation or back end charges of payment gateway/correspondent bank/ financial institution/intermediary. The Remitter must notify Us of any amendment to the Transaction details as soon as possible. Amendments can be made only if accepted by the correspondent/pay out agent.

9. Compliance and Data Protection

Barakah Money transfer Ltd, trading as Barakah Money Transfer is a regulated Money Remittance provider registered as a Money Service Business (MSB) with the HM Revenue & Customs, registration number 07905661. Any suspicious transactions will be reported to the NCA (National Crime Agency). Barakah Money transfer Ltd, trading as Barakah Money Transfer will monitor all suspicious or unusual transactions regardless of size. Barakah Money transfer Ltd, trading as Barakah Money Transfer also reserves the right to request more information from the Remitter at any time Barakah Money transfer Ltd, trading as Barakah Money Transfer is regulated by the Financial Conduct Authority. FCA Registration Number 672534.

Barakah Money transfer Ltd, trading as Barakah Money Transfer is committed to helping prevent Money Laundering and Counter Terrorist Financing, Barakah Money transfer Ltd, trading as Barakah Money Transfer strict policies and procedures in place to identify its Remitters and to combat money laundering and terrorist financing.

The procedures include but are not limited to the below:
 -Verifying that the Remitter is who they claim to be by means of identification documentation or by electronic means.
 Monitoring and reviewing Remitter accounts and Transactions. -Reporting suspicious transactions, false identification documents or personal details.
 -Retaining Remitter data for 5 years after the business relationship ends.
 -Training staff on our Anti-Money Laundering and Counter Terrorist Financing policies and requirements.
 -We will comply with all Anti Money Laundering regulations and will disclose to the relevant authorities details of any suspicious/unusual Transactions without prior notice to the Remitters.

-We will validate names, addresses and other personal information supplied by You during the order process against appropriate third party databases.

By accepting these Terms and Conditions You consent to such checks being made. In performing these checks, personal information provided by You may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided by You will be held securely and treated strictly in accordance with the Data Protection Act 1998.

The Transaction will be subject to UK Regulatory laws related to monetary transactions placed in the United Kingdom to Bangladesh and may be blocked/frozen in case found suspicious. The Remitter and their Beneficiary will be fully responsible to provide necessary evidence/clarification to prove legality of entities/funds.

Applicable laws prohibit Us from conducting business with certain individuals and in order to comply, Barakah Money transfer Ltd, trading as Barakah Money Transfer is required to screen all Transactions against a Black list of names provided by various governments and/or government agencies. If a potential match is found, We will suspend the Transaction and request additional information on either the Remitter or beneficiary, as necessary.

We will report Transactions to the government authorities if We are required to do so by law. In using Our Service, We may need to send Your details to third parties. We are committed to protecting Your privacy. We may use Remitter and Beneficiary’s personal information and the details of Transactions and store them on Our database, in order to provide the Remitter and the Beneficiary with Our Services, for managing Our business and market research permitted by applicable law.

The Remitter must have the Beneficiary’s consent to share his/her personal information with Us. We may for those purposes share information with Our group or other companies/institutions which may be located within or outside the EEA. We may also use personal information provided by You in order to conduct appropriate anti-fraud checks. Personal Information that You provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. The Remitter may request access to his/her personal information, ask for the information to be corrected or updated or, for legitimate reason, oppose its processing, by writing or emailing to Us. We maintain records of Your Transaction history to the extent required under applicable law. Records will be updated on continuing basis for all Transactions. You agree to provide Barakah Money transfer Ltd, trading as Barakah Money Transfer with valid and up to date identity documents upon request and also agree that it is Your responsibility to update Your details and identity documents with Us as and when required.

For more information on how your details are used, please read our Privacy Policy.

New GDPR Rules
We’re committed to your privacy
 Barakah Money transfer Ltd, trading as Barakah Money Transfer is committed to complying with all legislation.
 A new data privacy law was introduced in May 2018 in the UK called the General Data Protection Regulation or GDPR.
 As a result, we’re updating our Terms & Conditions/Privacy Notice to make it easier for you to find out how we collect, store and handle your personal data,

The new Privacy Notice will provide you with additional details such as:

Your increased rights in relation to the information we hold about you
 – How we keep your personal information secure
 – The types of personal information held by Barakah Money transfer Ltd, trading as Barakah Money Transfer and how we collect and use it
 -The legal grounds for how we use your information
 The new Privacy Notice will apply to Barakah Money transfer Ltd, trading as Barakah Money Transfer customers, employees and paying out partners.

Protecting your information

Barakah Money transfer Ltd, trading as Barakah Money Transfer is committed to safeguarding the privacy of your information and makes the following commitments to you:

• We will only collect and use your information if we have either lawful grounds or legitimate business reasons to do so
•  We will always be fully transparent about how we collect and use your information
• If we have collected your information for one purpose, we will not use it for any other reason, unless you’ve been informed and, where relevant, you have given us your consent to do so
• We won’t ask for more information than we need
• We will ensure that our records are promptly updated whenever you inform us that your details have changed
• We will continue to review and assess the quality of the information that we hold about you
•  We won’t retain your information longer than necessary, and will ensure that it is securely disposed of at the end of the appropriate
   retention period
     
• We will observe the rights granted to you under all applicable privacy and data protection laws, and will promptly and transparently deal with queries relating to privacy issues
•  We will ensure that employees of Barakah Money transfer Ltd, trading as Barakah Money Transfer
• are trained on their privacy obligations
• We will put physical and technological security measures in place to protect your information
• We will make sure that our suppliers have appropriate security measures in place and will contractually require them to comply with all applicable privacy and data protection laws
• We will ensure that suitable safeguards are in place before personal information is transferred outside of the UK

Stay informed of any changes

The Terms & Conditions/Privacy Notice makes sure that we continue to comply with privacy laws and regulations. Please check the Notice regularly as it will be updated from time to time.

We’re here to help If you have any questions or would like some help, please email us “cs@barakahmoneytransfer.com” or call us on +44 7932 801487.

10. Complaints Handling

Complaints Officer
 Barakah Money transfer Ltd, trading as Barakah Money Transfer
 Email: cs@barakahmoneytransfer.com

This Agreement is between the Remitter (hereinafter referred to as ‘Remitter’, ‘You’, ‘Your’) and Barakah money transfer (hereinafter referred to as ‘Barakah Money transfer Ltd, trading as Barakah Money Transfer, ‘Our’, ‘Us’, ‘We’) of 131 Whitechapel Road, London E1 1DT. (Company Registration No. 07905661) and regulated by the Financial Conduct Authority. FCA Registration Number 672534.

We shall investigate your concerns and respond to you promptly and at the latest within 15 days of receipt of the compliant. In exceptional situations, if the answer cannot be given within 15 business days for reasons beyond our control we will send a holding reply, clearly indicating the reasons for a delay in answering to the complaint and specifying the deadline by which we will receive the final reply. In any event, the deadline for receiving the final reply shall not exceed 35 business days. If the Remitter is unhappy with Our final response, the Remitter can write to:
 Financial Ombudsman Service,
 Exchange Tower, Harbour Exchange Square,
 London E14 9SR.
 Phone: 0845 080 1800: www.financial-ombudsman.org.uk;
 Email: complaint.info@financial-ombudsman.org.uk within six months from the date of the final response.

11. Miscellaneous

We are also agents / clients of other Money Service Businesses and making available these services to Remitters as their agents / clients under their business terms and conditions. If a Remitter avails service of those companies through us, the terms and conditions of those companies shall also be applicable for the transfer.

12. Force Majeure

We will not be liable if We break this agreement because of abnormal and unforeseeable and circumstances outside Our control where We could not avoid breaking this agreement despite all efforts to the contrary of which may include amongst other things, strikes, industrial action, problems with another system or network, mechanical breakdown, data processing failures, English or European Community law, government or government agency policy or other Force Majeure including, without limitation, Act of God, strikes, industrial action, equipment failure, interruption of power supplies, provided that Barakah Money transfer Ltd, trading as Barakah Money Transfer shall endeavour to give notice to its Remitter of any anticipated delays by notice in its branches.

13. Exclusion of Warranties & Limitation of Liability

Nothing in this agreement limits Our liability for acting fraudulently or inaccurately and otherwise excludes or limits Our liability to the extent that We are able to exclude or limit by law.

You expressly understand and agree that the service is provided on a ‘as-is’ and ‘as available’ basis.
 (a)   Barakah Money transfer Ltd, trading as Barakah Money Transfer disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
 (b)   Barakah Money transfer Ltd, trading as Barakah Money Transfer makes no warranty that

(ii) the service will be uninterrupted, timely, secure or error free,
 (i) the service will meet Your requirements,
 (iii) the results that may be obtained from the use the service will be accurate or reliable,
 (iv) the quality of any products, services, information or other material obtained by You through the service will meet Your expectations, and
 (c) The use of the service is done at Your own discretion and risk, and
 d) no advice or information, whether oral or written, obtained by You from Barakah Money transfer Ltd, trading as Barakah Money Transfer or through the service shall create any warranty not expressly stated in this agreement.

Any valid claim against Barakah Money transfer Ltd, trading as Barakah Money Transfer will be restricted to the Sterling amount of any Transaction. By using the Services You confirm that this is the maximum amount of any claim that may be lodged against Barakah Money transfer Ltd, trading as Barakah Money Transfer.

Barakah Money transfer Ltd, trading as Barakah Money Transfer will not be liable to any Remitter for any losses suffered due to any action or inaction on the part of Barakah Money transfer Ltd, trading as Barakah Money Transfer or resulting in loss of profits, indirect losses, loss of business gains, savings, other costs or benefits that may be lost or incurred. Barakah Money transfer Ltd, trading as Barakah Money Transfer not liable for the omissions or commissions of any act by third party involved in the Transaction. All implied conditions and terms are excluded to the maximum extent available under law.

Barakah Money transfer Ltd, trading as Barakah Money Transfer shall not be liable if We are unable to process any Transaction or fulfil Our obligations under these terms directly or indirectly due to the failure of any third party involved in the Transaction.

All conditions, warranties and remedies imposed or implied by any applicable law are expressly excluded to the extent permitted by law.

14. Personal Information and Security

For online security Barakah Money transfer Ltd, trading as Barakah Money Transfer utilises secure server software. Details of how we may use your personal information are set out in the Privacy Policy.

15. Disclaimer

None of the information provided in connection with the Services constitutes, nor should it be construed as the provision of financial advice. Barakah Money transfer Ltd, trading as Barakah Money Transfer provides information using all reasonable endeavours to achieve accuracy but this cannot be guaranteed. Barakah Money transfer Ltd, trading as Barakah Money Transfer therefore does not guarantee the accuracy of any information provided and excludes any implied warranty, in particular where it relates to speed of delivery, date of delivery, exchange rates, market prices and data. Neither Barakah Money transfer Ltd, trading as Barakah Money Transfer, nor any entity from which it receives information shall be liable for any investment or other decisions made on the basis of the information provided.

16. Variation of These Terms & Conditions

These Terms and Conditions are subject to change from time to time and Barakah Money transfer Ltd, trading as Barakah Money Transfer reserves the right to make these changes at any time without notice. Before placing an order we recommend that you read these Terms and Conditions In full. Your continued use of the Services after these changes constitutes your acceptance of these Terms and Conditions as modified.

17. Governing Law and Jurisdiction

The law of England and Wales applies to this agreement and We will communicate with the Remitter in English. The English courts shall have exclusive jurisdiction on all matters related to the service and this agreement.

18. Indemnity

You agree to indemnify and hold us and Our respective affiliates, agents and other partners, directors, and employees, harmless from any claim or demand, including reasonable lawyers and legal fees, made by any third party due to or arising out of Your use of this service, Your connection to the Service, Your violation of the terms of this agreement, or Your violation of any rights of another.

19. Remitters’ Liability

You shall keep Barakah Money transfer Ltd, trading as Barakah Money Transfer indemnified in respect of all costs, claims, and losses that we may incur in course of processing your order. You will be liable for and will indemnify Barakah Money transfer Ltd, trading as Barakah Money Transfer against all or any costs, losses or liabilities we may incur while processing or as a result of processing your order. This includes any costs, losses or liabilities we may incur with third party currency dealers, banks, payment processors or other institutions.

20. Contract Right of Third Parties

Nothing contained in this Agreement is intended to confer nor shall confer upon any person, other that the parties hereto, any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement or any benefits of remedies of any kind or character whatsoever, and so such person shall be deemed a third-party beneficiary under or by reason of this agreement.

21. Severability

If any part of this agreement is found to be invalid, then the remainder of the agreement will remain in effect.

22. Transferring This Agreement

We may transfer Our rights and duties under this agreement or we may arrange for any other person to carry out Our rights and duties under this agreement. We may change the provider of the delivery service to any other person or organisation that We deem fit without prior notice or compensation.

Contact us

CONTACT INFORMATION

Address

131 Whitechapel Road, London ,United Kingdom, E1 1DT

E-mail Address: cs@barakahmoneytransfer.com

Barakah Money transfer Ltd, trading as Barakah Money Transfer is an authorised agent of Worldwide West 2 East Services LTD, a company incorporated in England with registered number 07684314 whose registered address is at 92A Plumstead High Street, London, SE18 1SL, is authorised by the Financial Conduct Authority (“FCA”) for the provision of payment services directives with FCA register number 563795 and trades under the name “WORLDWIDE SERVICES”.